The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1887-04-08
MUNICIPAL SUFFRAGE.


0panloa of Attorney Gsseral Bsaassea b
Regard to Munleipal Suffrage fbF Wonsa
What Omcers They Can Vote For.
In response to an inquiry, the Attorney
General has written the following letter
defining the scope Of the Municipal Suffrage
law:
TOPEKA, March -. 1851.
Hon. Z. o. Hs~.pArsy, Independence, kda.:
DEAR SENATOR: In answer TO your favor Of
the 18th inst, permit me 70 say, after consider
Ing the statutes bearing on the subject, I an oil
the opinion that al incorporated. cities Of this
State that elect justices and c0nstables separate
from the township in which they are situated
arc constituted townships for the purpose Of
electtng justices Of the peace and constables'
(See sec. =, Oh. l0a, comp laws 1856. and sec. q
CHI. ITO. comp. laws 1851 Therefore justices Of
the peace and constablcs, whether elected IN q
out OF city. are township ofice1 and noi
municipal officers.
Women arc by the statute Of Kansas made
eligible to vote for municipal ofncers alone and
not township oficers. Justices Of tho peace b.
ing constitutional officers, only constitutional
electors can vote for their election. Constables
are not constitutional officers, and the Legisla
ture without any change in the organic Law
could have qualified women Is electors
therefor. The statute of 1887, however,
confers municipal suffrage only, and qualified
women to vote for municipal officers only.
AZ justices and constables arc township Of
dcefs and not municipal officers. the rule Is the
same with reference to each, and women ore
not qualified electors for the purpose Of elcctng
Justices Of the peace and constables. These
offices are elected however, at the usual city
elections in cities OF the first and second class.
at which municipal dficers proper are elected,
and precaution should be taken to prevent
such complications as might arise II unqualified
persons arc permitted 10 vote for justices and
constables.
The mayor and city council Of each city have
general power to enact ,uch ordinances not re-
pugnant IN the constitution and laws Of the
State as they deem expedicnt for the good gov.
eminent Of the city and the preservation Of
peace and good order. They have power in my
opinion to provide by ordinance separate ballot
boxes, poll books and tally sheets for the pur-
pose Of holding city elections, at which time
both justices Of the peace and municipal Of
ficers are elected, and they may also provide
for the use Of the city two poll books and two
ballot boxes to be used by one and the same
election board. The returns from the board in
each ward in . city being made in the manner
provided In the general election law, but sepa-
rate from each other, they can provide separate
ballot boxes. poll books and tally sheets for the
municipal election proper, from the election in
the city as . township for township officers,
that Is to say, in one ballot box shall be depos-
tied the ballot upon which Is written or printed
the name of the candidate for justice OF the
peace and constable, in the other ballot box
may be deposited the ballot containing the
names, written or printed, Of the candidates for
the several municipal officers to be elected.
II the mayor and council Of the cities of the
first and second class shall fail or neglect to
enact such an ordinance, the women themselves
can avoid the difficulty in practical manner
byNoting for municipal officers only, striking
from the written or printed tickets the names
Of officers for whom there Is my doubt Of their
right to vote.
1t is the duty Of all good citizens and all city
governments to see that the intention Of the
Legislature in enactng this wise and just law
is not nullified. All city councils should by
ordinance such as above suggested, make it i'm
possible for complications to arise such as can
be imagined il no action is taken.
Women now for the first time are invested
with this incalculable power for good in the
publication Of politics, and see TO it IL no &C.
ton is taken by the present city governments,
that by no act of theirs shall the will Of the
Legislature be defeated.
1t seems to me there are good reasons outside
Of the question OF women voting for municipal
officers ut the election for holding that the bal
lots for municipal officers and for justices of the
peace and constables should be cast in
separate box other than the one for mu-
nicipal officers is deposited. The poll
books and ballots cast for justices Of the
peace and constables must necessarily be
canvassed by the county commissioners and
should be returned to the county clerk The
poll books and ballots cast for the municipal Of
hcers are canvassed by the city council, and the
result declared by them.
Hoping that this explanation is satisfactory,
am, yours most respectfully,
S. d. BRADFORD, Attorney General.